Consultations - Success fee agreements
The Scottish Government has launched its consultation on Success Fee Agreements in Scotland in relation to Part 1 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. The consultation seeks view on proposed caps to apply to these agreements, types of cases to be excluded from the scope of success fee agreements, the obligations to be included within them and whether further regulation is required in relation to legal aid and success fee agreements. It is open for responses until 31 January 2019.
Civil Litigation (Expenses and Group Proceedings)(Scotland) Act 2018
Commencement Order No 1 for the Civil Litigation (Expenses and Group Proceedings)(Scotland) Act 2018 has been passed. This will bring various parts of the Act into force on 30 January 2019. For success fees, the sections which give the Scottish Ministers the power to make regulations come into force. It also brings into force Part 3 which relates to Auditors of Court and the powers to make Acts of Sederunt and Regulations about Group Proceedings.
Court of Session - New rules on protective expenses orders
The Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2018 sets out new rules aimed at enhancing access to justice by preventing court actions relating to the environment being "prohibitively expensive" to members of the public. The changes come into force on 10 December 2018.
Court of Session - Practice note 3 of 2018
The latest Court of Session Practice Note 3 of 2018 relates to petitions for removal of persons camping without authority on local authority land. It came into force on 30 November 2018.
Insolvency - New Scottish Rules
The Insolvency (Scotland) (Receivership and Winding up) Rules 2018 were laid before the Scottish Parliament on 14 November 2018 and will come into force on 6 April 2019.